Gladstones solicitors "Letter before claim

[ostell]

So why have you started another thread? Just to confuse people?

[Amethyst]

I will attempt to merge the threads ...

[Amethyst]

merge messed up ... reposted below

[Jay_CB]

ostell Sorry but I assumed the original post i made was closed


Hi, so I made a thread last month about my situation and I've asked for the following:
(A copy of the contract with the landowner where they have been granted authority to bring the claim
To clarify if your client is relying on schedule 4 of POFA 2012
Any details of the signage at the time of the alleged offence including the location and signage that has been added following this date
Any photographic evidence that is alleged to support this claim
Further details of the claim including where the vehicle was parked and how the monies being claimed has been calculated
Copies of any previous communication sent by your client to me
A detailed summary of how the amount being claimed by your client has been calculated including the sum of £60 for the time and resources they claim they have spent.)

Today I received the following email:

"Dear Mr ,


wewrite further to your request for further information in relation to the outstanding debt of £480.00.

You have received correspondence from Gladstones Solicitors in pursuit of unpaid parking charges incurred on 30 December 2016, 30 January 2017 and 31 January 2017, at the site known as . You are now held liable for the outstanding parking charge as pur Client received information from the DVLA to confirm you were the registered keeper of the vehicle when the charges were incurred as a result of your parking in such a manner as to breach the terms and conditions of parking. In this instance you were "parked without permit", thereby accepting the charge of £100.00.

The terms and conditions of parking are made clear on the signs within the managed area. The signs form the contract between you and our Client, Parking Control Management (UK) Limited. In light of this, the agreement between our Client and the landowner will not be provided at this stage, as it is not relevant to the contract between you and our Client.

We have provided copies of the charges which were affixed to your vehicle, and notified you in the first instance that a charge had been incurred.

The photographs attached to this email not only show the charge having been affixed to your vehicle, but also the signs which formed the contract and you were responsible for seeking out. Furthermore, the photographs also demonstrate your breach of contract and therefore the reason the charge was incurred.

Further to the above, we have attached the bundle of documents our Client would seek to rely on should a claim in this matter be issued.

We have also attached the pre-action protocol information sheet and our FAQs for any further queries you may have.

Upon your review of the attached, we invite you to make payment of the outstanding sum before 19 December 2018. In the event payment is not received, we will proceed with our Client's current instructions in this matter to issue a claim without further correspondence.

We trust this answers your questions.

Kind regards

Jobeth
Litigation Assistant "

I've attached the images of the PCN (there are 3 but only posted 1)

I'm really starting to panic as I haven't got the funds to pay and I'm already heavily in debt any help would be greatly appreciated. Thanks

rob ostell

[ostell]

So where are the signs? Do the know the driver ? Yes or no.

Is this residential?

[Jay_CB]

These are the signs they sent, although i dont remember seeing them. they know the driver and its a residential parking

https://gyazo.com/40a62558ef2201cd5738371da49664f1

https://gyazo.com/c043a615157ac72eaf664e58af5aa2aa

[ostell]

I asked do they know the driver, yes or no. I did not want to know who. Edit and remove that reference.

That sign is forbidding, parking is for permit holders only and to say non permit holders had a contract when none is offered and to do something forbidden, ie park, is perverse and there can be no contract and therefore only the landholder can claim for trespass.

can you confirm their signs are as they say and placed where they say.

What does your lease say about parking?

[Jay_CB]

Yes the signs are currently in place, as for the lease I dont live where the vehicle was parked.
My issue is that I there was no parking ticket on my windscreen when I went to drive the car and there was no letter sent to my address informing me about the fine, the first i heard of the tickets is when the letter from gladstones appeared

[ostell]

They know that you are the registered keeper, did you tell them who was driving or are they assuming it was you. Keep editing your posts so that the driver cannot be inferred , post #23

defence will be
no contract created because of the forbidding signs
no contract with landholder to operate and issue claims.
No Noticce to Keeper( if they don't know the driver)